Utah Code 35A-8-803. Division — Functions
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(1) In addition to any other functions the governor or Legislature may assign:
Terms Used In Utah Code 35A-8-803
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Workforce Services created in Section 35A-1-103. See Utah Code 35A-1-102
- Division: means the Housing and Community Development Division. See Utah Code 35A-8-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Moderate income housing: means housing occupied or reserved for occupancy by households with a gross household income equal to or less than 80% of the median gross income for households of the same size in the county in which the housing is located. See Utah Code 35A-8-101
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
(1)(a) the division shall:
(1)(a)(i) provide a clearinghouse of information for federal, state, and local housing assistance programs;
(1)(a)(ii) establish, in cooperation with political subdivisions, model plans and management methods to encourage or provide for the development of affordable housing that may be adopted by political subdivisions by reference;
(1)(a)(iii) undertake, in cooperation with political subdivisions, a realistic assessment of problems relating to housing needs, such as:
(1)(a)(iii)(A) inadequate supply of dwellings;
(1)(a)(iii)(B) substandard dwellings; and
(1)(a)(iii)(C) inability of medium and low income families to obtain adequate housing;
(1)(a)(iv) provide the information obtained under Subsection (1)(a)(iii) to:
(1)(a)(iv)(A) political subdivisions;
(1)(a)(iv)(B) real estate developers;
(1)(a)(iv)(C) builders;
(1)(a)(iv)(D) lending institutions;
(1)(a)(iv)(E) affordable housing advocates; and
(1)(a)(iv)(F) others having use for the information;
(1)(a)(v) advise political subdivisions of serious housing problems existing within their jurisdiction that require concerted public action for solution;
(1)(a)(vi) assist political subdivisions in defining housing objectives and in preparing for adoption a plan of action covering a five-year period designed to accomplish housing objectives within their jurisdiction;
(1)(a)(vii) for municipalities or counties required to submit an annual moderate income housing report to the department as described in Section 10-9a-408 or 17-27a-408:
(1)(a)(vii)(A) assist in the creation of the reports; and
(1)(a)(vii)(B) review the reports to meet the requirements of Sections 10-9a-408 and 17-27a-408;
(1)(a)(viii) establish and maintain a database of moderate income housing units located within the state; and
(1)(a)(ix) on or before December 1, 2022, develop and submit to the Commission on Housing Affordability a methodology for determining whether a municipality or county is taking sufficient measures to protect and promote moderate income housing in accordance with the provisions of Sections 10-9a-403 and 17-27a-403; and
(1)(b) within legislative appropriations, the division may accept for and on behalf of, and bind the state to, any federal housing or homeless program in which the state is invited, permitted, or authorized to participate in the distribution, disbursement, or administration of any funds or service advanced, offered, or contributed in whole or in part by the federal government.
(2) The administration of any federal housing program in which the state is invited, permitted, or authorized to participate in distribution, disbursement, or administration of funds or services, except those administered by the Utah Housing Corporation, is governed by Sections 35A-8-501 through 35A-8-508.
(3) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules describing the review process for moderate income housing reports described in Subsection (1)(a)(vii).